Mickeys Restaurants Ltd. is a large firm that operates a chain of 200 roadhouse style restaurant/taverns across Canada under the name of Mickeys and is well known nationally due to its extensive advertising campaigns.

Mick Vern recently bought a restaurant/tavern, previously known as Paddy OLanterns situated in downtown St. Catharines. He formed a company under the name of Mickey Vs Ltd. and renamed the restaurant Mickey Vs. The dcor and furnishings of Micks restaurant are not at all like those of the Mickeys chain, but the external appearance, franchise colours and sign bears some similarity. Mick plans to franchise the business in Ontario. The president of Mickeys Restaurants Ltd. is angry because she has been planning to open a franchise store in St. Catharines. She alleges that Mick is attempting to deceive the public, is trading on her companys reputation, and is benefitting from its advertising. She has written to Mick, insisting that he change the name of his company and his restaurant; otherwise Mickeys Restaurants will commence legal proceedings. Mick maintains that no one is confused, that he chose the name Mickey Vs deliberately to distinguish his restaurants from those of the chain, and that, since neither of the principal owners of Mickeys Restaurants Ltd. are called Mickey, they are the ones who are trading improperly. Mick comes to you for advice. He also asks if he can patent his grandmothers recipe for fried chicken (which includes 13 secret herbs and spices) and her recipe for pasta sauce. He intends to sell both from his restaurant but would like patent protection before selling his mothers inventions to the public.

Required: Advise Mick what legal actions might be taken against him and whether or not they might succeed and the likelihood and requirements of obtaining the patents.